Ordinance 024-2004
ORDINANCE NO. 024 -2004
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING THE REQUEST BY KEY LARGO
OCEAN RESORT TO AMEND THE LAND USE (ZONING) DISTRICT
MAP FROM RECREATIONAL VEHICLE (RV) AND IMPROVED
SUBDIVISION (IS) TO URBAN RESIDENTIAL MOBILE HOME (URM)
FOR PROPERTIES DESCRIBED AS SOUTHCLIFF ESTATES, PB-2-45
KEY LARGO, PT. TR. 9-10-11 (14.65 ACRES); PT LINE ROAD (.75
ACRES); PT NE 1.4 of SE 1.4 (5.1 ACRES); PT GOV. LT 3 (.6 ACRES);
AND ADJACENT BAYBOTTOM (5.22 ACRES). PARCEL 2, LEGALLY
DESCRIBED AS SOUTHCLIFF ESTATES PB2-45 (1.95 ACRES) KEY
LARGO, MONROE COUNTY, FLORIDA. THE PROPERTY IS
LOCATED A T APPROXIMATELY MILE MARKER 95 AND HAS THE
REAL ESTATE NUMBERS 00483400.000000 AND 00483390.000000.
WHEREAS, the Monroe County Board of County Commissioners, during a regular meeting
held on November 19, 2003, conducted a review and consideration of the request filed by the
applicant to amend the land use district (zoning) map from Recreational Vehicle (RV) and Improved
Subdivision (IS) to Urban Residential Mobile Home (URM) and;
WHEREAS, the Development Review Committee and staff report recommended Approval
of this land use district (zoning) map amendment from RV and IS to URM as indicated in Resolution
D24-03; and
WHEREAS, the Planning Commission held a public hearing on September 24, 2003 and
recommended Approval of the request as indicated in Resolution P68-03; and
WHEREAS, the Board of County Commissioners made the following Findings of Fact:
1. The pre-1986 zoning of the subject property was RU-5, RU-l, RU-3 and BU-1.
2. During the 1986 Comprehensive Plan process, the land use districts of the subject
property were changed to Recreation Vehicle for Parcel #1 and Improved Subdivision for
Parcel #2.
3. The Key Largo Ocean Resort had 285 lawfully established lots available for RV use prior
to 1986, which the Growth Management Division opines vests development rights at one
residential unit per lot.
4. Without County development approval, the Key Largo Ocean Resort development has
incrementally transitioned from a pure RV and trailer park for transient residential uses to
a gated park of non-road-ready mobile homes and park model trailers with additions and
decks that are not authorized under current R V zoning.
5. The unauthorized improvements to trailers on the property have led to County code
enforcement action and legal proceedings in Circuit Court. At the direction of Judge
Garcia, the County and the applicant entered into mediation and reached accord on a
Settlement Agreement to address the code enforcement issues including the necessity to
change the land use designation of the property.
6. Section 9.5-511 (d) (5) b of the Monroe County Land Development Regulations requires
that the Board of County Commissioners may consider a land use change based on one or
more listed factors.
7. In accordance with Section 9.5-511 (d)(5) b (i and ii), the applicant has established that
there have been changed assumptions or projections since the 2010 Comprehensive Plan
was enacted. The draft LCP Community Master Plan for this planning area, which was
not an element of the 2010 Comprehensive Plan when it was adopted in 1993, identifies
the need for the sustainability of existing housing units affordable to area residents. The
FLUM and Land Use Map change would provide for a continued and essential reservoir
of affordable housing for the Tavernier Creek Bridge to Mile Marker 97 planning area
residents.
8. In accordance with Section 9.5-511 (d)(5) b (iv), the applicant has established that new
issues have emerged. The Board of County Commissioners entered into a Settlement
Agreement on June 18,2003, with Key Largo Ocean Resort to resolve outstanding code
enforcement actions, which requires Key Largo Ocean Resort to submit an application
for a land use change to Residential HighlURM for the property and the County to fully
consider this land use change.
9. The applicant initiated the land use change application to reclassify the subject property
to a land use district and future land use category that would recognize the existing
character of the development as a mobile home community, allow for the density of the
existing lawfully established units and authorize permits to be issued necessary to bring
the property into compliance with the County Code.
10. Policy 105.2.1 (3) states that "Infill area (Tier III): any defined geographic area, where a
significant portion of land is not characterized as environmentally sensitive as defined by
this plan, where existing platted subdivisions are substantially developed, served by
complete infrastructure facilities, and within close proximity to established commercial
areas, or where a concentration of non-residential uses exists, is to be designated as an
Infill Area. New development and redevelopment are to be highly encouraged".
11. Section 9.5-205 states that the purpose of the Urban Residential Mobile Home District
(URM) is to recognize the existence of established mobile home parks and subdivisions,
but not to create new such areas, and to provide for such areas to serve as a reservoir of
affordable and moderate-cost housing in Monroe County.
12. Section 9.5-242 indicates that the URM zoning district permits detached mobile homes
and detached dwellings of all types, and therefore is the most applicable zoning district
for the proposed land use change.
13. Section 9.5-511 prohibits any map amendments that would negatively impact community
character.
14. While the existing intensity at Key Largo Ocean Resort will not increase, the URM
designation would not allow any future construction under the current code to be
permitted. In addition, seven (7) of the eight (8) structures on the site are considered
accessory structures to the primary use. The only commercial structure is the Oceanside
Cafe and Marina building. Any illegal improvements at KLOR will eventually have to
be removed through the compliance actions to be taken under the proposed development
agreement.
15. While the county may recognize one dwelling unit per lot with Key Largo Ocean Resort,
it is uncertain whether all of the recreational vehicles can be replaced due to such factors
as fire and safety codes, stormwater management, OSR, off-street parking and other
development standards.
16. The 2002 Public Facilities Capacity Assessment Report indicates that there are no
significant concerns regarding impacts on stormwater; however, the Proposed
Development Agreement will need to identify the stormwater runoff onsite. In addition,
the proposed development agreement must address the wastewater treatment plant on site
which has reached its capacity of 180 units and is not adequately serving the existing 285
units.
17. Goal 102 of the Monroe County Year 2010 Plan states that Monroe County shall direct
future growth to lands which are intrinsically most suitable for development and shall
encourage conservation and protection of environmentally sensitive lands.
18. With the proposed tier system, both parcels would be classified as Tier III! Infill Areas.
19. The proposed map amendment supports Goal 102. However, a conservation easement on
Parcel 2, dedicating this parcel as open space shall be supported in the Proposed
Development agreement; and
WHEREAS, the Board of County Commissioners made the following Conclusions of Law:
1. This text amendment meets the requirements outlined in Section 9.5-511(d)(5)b(iv) and
the requirements of Section 9.5-205 of the Monroe County Land Development
Regulations.
2. The proposed map amendment is sufficiently consistent with Goal 102 of the Monroe
County Year 2010 Comprehensive Plan.
3. The proposed map amendment is sufficiently consistent with Policy 105.2.1 (3), as it will
not have a negative impact on environmentally sensitive land and will facilitate
redevelopment in a proposed Tier III infill area.
4. The proposed map amendment will not have a negative impact on community character.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, THAT:
Section 1. This Board specifically adopts the findings of fact and conclusions of law stated above.
Section 2. The previously described property, which is currently designated Recreational Vehicle
(RV) and Improved Subdivision (IS), shall be designated Urban Residential (URM) as shown on the
Land Use District Map, which is hereby incorporated by reference and attached as Exhibit One (1).
Section 3. If any section, subsection, sentence, clause, item, change or provision of this ordinance is
held invalid, the remainder ofthis ordinance shall not be affected by such invalidity.
Section 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to
the extent of said conflict.
Section 5. This ordinance is hereby transmitted to the state land planning agency pursuant to the
Florida Statutes.
Section 6. This ordinance shall be filed in the Office of the Secretary of State of the State of Florida,
but shall not become effective until a notice is issued by the Department of Community Affairs or
Administration Commission approving the ordinance.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 18th day of August, A.D., 2004.
Mayor Murray Nelson
Mayor Pro Tern David Rice
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner Dixie Spehar
ye~
yes
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yes
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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ATTEST: DANNY KOHLAGE, CLERK
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EXHIBIT NO. 1
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Proposed Land Use District Map Amendment: Street Map
Key: Largo
Mile Marker: 95
Proposal: Chanae Land Use District from RV and IS to
Property Description: RE 483400,483390
Map Amendment # M23061
land Use District Map # 145
EXHIBIT NO. 1
Proposed land Use District Map Amendment: Aerial
Key: Largo
Mile Marker: 95
Proposal: Chanoe Land Use District from RV and IS to URM
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Property Description: RE 483400 and 483390
250
Map Amendment # M23061
Land Use District Map # 145
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EXHIBIT NO. 1
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The Monroe County Land Use Map is proposed to be
amended as indicated above and briefly described as:
Chanae Land Use District from RV and IS to URM for
RE:483400.483390
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Map Amendment # M23601
Sheet # 145
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